Frequently Asked Questions

What is mediation?

Mediation is a form of alternative dispute resolution where the disputing parties meet with a neutral third party, a mediator. The mediator will assist the parties in resolving their differences by facilitating the negotiation process with the intent of reaching a resolution.  

Is an attorney required for mediation?

The decision to have assistance of counsel is up to the respective parties. In most mediations, you don’t need a lawyer’s direct participation. However, you may want to consult with a lawyer before the mediation to discuss the legal consequences of possible settlement terms. At the beginning of the mediation process, each party is advised that they have the option of hiring independent counsel to advise and consult with throughout the mediation process. At the end of the mediation, if the parties have settled on the terms for an agreement, the mediator may ask each side to sign the written summary of agreement or suggest they take it to a lawyer for review.

Is mediation confidential?

Yes, unless it is required by law or agreed to by the parties mediation is a confidential process.  In most cases, statements made during the mediation cannot be used as evidence in any subsequent trial. The purpose of confidentiality, during mediation, is to provide a setting in which the parties can discuss the issues openly, without fear that what has been said may be used against them outside of the mediation. The ability to speak openly leads to solutions and settlement.

What is a transaction attorney?

A transaction attorney, often referred to as a transactional lawyer, specializes in handling legal matters related to business transactions. Unlike litigators who represent clients in court, transaction attorneys focus on non-litigious legal work such as Contract drafting a negotiation, mergers and acquisitions, corporate governance, and other commercial transactions

What is a closing attorney?

A closing attorney is a legal professional who specializes in the final stages of a transactions, commonly referred to as "closings." Their primary role is to ensure that the transfer of ownership is conducted smoothly, legally, and in compliance with all relevant laws and regulations.